Can the landlord force me to stay?

[milkytwilight]

Hi, I know this is in property/DIY but my phone doesn't let me choose any other topic. I will ask that this gets moved to Legal.

I am in an AST ending September. If I want to give notice I need to do that in July. All fine, all understood.

There is a clause in my tenancy that says I can't leave the property empty for more than 28 days.

We are buying a house and surprisingly the searches have all come back after 3 working days, having originally been told they are expecting them back at the end of July.

We have asked the landlord to allow us to break our lease and continue paying rent, CT and utilities until they find a new tenant and also to cover the cost of the new tenancy agreement for the letting agent. Landlord has said no, fair enough, that's their right. But also stated they expect us to stay in the property until September because of the 28 day clause in our tenancy agreement.

We don't want to lose this house purchase, we are now looking at completing early July. We have absolutely no issue paying everything up to the end of September but we would want to move into our new house, therefore leaving the property vacant.

Can we continue to pay our rent, CT and utilities but move out before the tenancy agreement is up? Is there a legal basis for the clause about not letting the property be empty? Will we have repercussions?

Thank you.

I would ask your solicitor to write to the landlord and letting agents telling them you will vacate property on X date and the keys will be handed in. And that you will pay any outstanding amounts. And due to family reasons you will be unavailable to return to said property after that date.

There’s not a lot the landlord can do once you have vacated the property and returned all keys to them.

I think the question here is, what are the consequences if you breach the terms of the contract? It's hard to think what the potential loss to the landlord might be, unless (as a previous poster has said) something happens in the property whilst its unoccupied that causes serious damage.

It would clearly be unreasonable for the landlord to expect you to be in the property 24/7/365, or even to spend every night there (you presumably have been allowed to go on holiday up until now!) If the obligation is not to leave unoccupied for more than 28 days then I'd expect a trip back every 27 days would suffice to satisfy that obligation - I can't see that your landlord can contractually require any more of you. It doesn't state in the contract that this needs to be your main residence!

Thanks everyone
I've just got so much on my plate right now I can't think straight. Juggling kids, a demanding job and now needing to provide care (and the moving associated with it) I've just had a bit of a meltdown with it all.

I'm happy go back every 27 days for the day. And as mentioned we have no issue at all paying until the end of the term.

No. It will be an insurance problem but the only remedy (in England) for a tenancy breach is a section 8 eviction. Pointless here and takes months/years anyway.

Sensible thing is for the landlord to let you leave and remarket the place, inspecting it while empty.

@murbblurb

No. It will be an insurance problem but the only remedy (in England) for a tenancy breach is a section 8 eviction. Pointless here and takes months/years anyway.

Sensible thing is for the landlord to let you leave and remarket the place, inspecting it while empty.

I'm not really sure why they won't to be honest. Especially as we've offered to mitigate the losses to nothing by paying rent until someone else moves in and covering estate agent costs for the new tenancy. But such is life I suppose.

@milkytwilight - do you know someone local who could move in and house sit for you? Or use it as an office for home working for some peace and quiet?

Hire a professional house sitter!

House sitters cost a bomb. No reason for the op to do that - and I'm a landlord. Op has made offers which mean no financial loss and there is huge demand for rentals. Landlord is being an arse.

Your landlord is being unreasonable and totally unhelpful. He should be grateful you are undertaking your financial responsibilities without quibbling!

You just give notice. You only need permission to break your lease if you want to stop paying rent and bills and end the agreement early. You have given too much info. The property will not be unoccupied if you are coming and going as suits you unless the lease specifically states that you must stay overnight.

@KOKOagainandagain

You just give notice. You only need permission to break your lease if you want to stop paying rent and bills and end the agreement early. You have given too much info. The property will not be unoccupied if you are coming and going as suits you unless the lease specifically states that you must stay overnight.

Thank you I hadn't thought about the fact it doesnr state we have to stay overnight. I could get the post once every two weeks and fulfil the clause..

Our 12 month tenancy is up at the end of September. In terms of breaking the lease we were hoping they'd let us go in July and find a new tenant soon after, saving us a bit in rent for August and September. But apparently not.

I’d play hardball, tell him that by moving out early it’ll give him an opportunity to get a new tenant with no gap in tenants. However if he forces you to stay then you’ll evoke your right to quiet enjoyment which even if the contract says differently he should know you have a right to do. Therefore he won’t be able to market the property to potential tenants until you’ve vacated which means he’ll definitely have a loss of rent between tenancies. All legal.

@WhoEatsPopTarts

I’d play hardball, tell him that by moving out early it’ll give him an opportunity to get a new tenant with no gap in tenants. However if he forces you to stay then you’ll evoke your right to quiet enjoyment which even if the contract says differently he should know you have a right to do. Therefore he won’t be able to market the property to potential tenants until you’ve vacated which means he’ll definitely have a loss of rent between tenancies. All legal.

Its petty but honestly its exactly what I want to do. I've given an option that leaves him with a continously rented property plus offered to pay all letting agent fees in connection with getting a new tenant in. Why should I then be flexible in September if I don't legally have to be when he hasn't been willing to either.

No idea why my username keeps flipping between this and old ones. Sorry.

@WhoEatsPopTarts

I’d play hardball, tell him that by moving out early it’ll give him an opportunity to get a new tenant with no gap in tenants. However if he forces you to stay then you’ll evoke your right to quiet enjoyment which even if the contract says differently he should know you have a right to do. Therefore he won’t be able to market the property to potential tenants until you’ve vacated which means he’ll definitely have a loss of rent between tenancies. All legal.

I wouldn't bother doing this

Honestly OP I'd either tell him that the house will be empty and it's up to him what he does to
Mitigate that or I'd offer it to a friend to stay in if I knew anyone who might appreciate it.

We can't sublet, either for money or for free. So I've said to him it'll be empty for 3 months. Tough really. I just wanted to check there was nothing he could do if we left it vacant.

@milkytwilight

We can't sublet, either for money or for free. So I've said to him it'll be empty for 3 months. Tough really. I just wanted to check there was nothing he could do if we left it vacant.

Again / what's he going to do? You're giving him far more power than he actually has in this situation

Stay over a night every 27 days, then you aren't leaving it empty

Hadn't read the full thread 🤦‍♀️

In terms of subletting I guess I'd be nervous they wouldn't leave, and that would bring me a whole host of problems. Everything else I suppose you're right.

@milkytwilight

In terms of subletting I guess I'd be nervous they wouldn't leave, and that would bring me a whole host of problems. Everything else I suppose you're right.

Depends who it was I guess. A good friend or relative wouldn't be likely to do that.

@KatherineOfGaunt

If it's a clause and you signed the contract and the landlord has told you you need to stay because of the clause... surely you have to stay?

You'll just have to move into your new place when there's 27 days to go on your rented place.

We bought and had 3 months still in our rented place before we moved. You'll be paying anyway, why not just move later?

No - not all contract clauses are enforceable. Yes the contract is the starting point but "what does the contract say" only gets you so far.